Tag Archives: privy council

What is constitutional monarchy, and what is its role in the UK? 

Posted on by

Constitutional monarchies are governed by elected parliaments and governments; but a monarch remains head of state and plays various important roles. Lisa James and Robert Hazell explain the UK monarchy’s constitutional role, its impact, and the questions that would need to be addressed should the UK ever decide to replace it. 

Background 

A constitutional monarchy is a system in which the head of state is a monarch, but that person does not rule the country. Governing is undertaken instead by an elected parliament and government. In the UK, the monarch’s involvement in politics has gradually diminished over the centuries, to the point where they effectively no longer exercise political power.  

The UK is not alone in having a constitutional monarchy. There are seven other monarchies in Europe, which are very similar to the UK system. The main difference is one of size: the UK has a much larger population than most European monarchies, and a larger royal family to service it.  

The UK’s monarchy is also uniquely international: the British monarch is head of state for 14 other ‘realms’ such as Canada, Australia, Jamaica and Papua New Guinea. 

Continue reading →

King Charles’s cancer: could we be heading for a soft Regency?

Posted on by

The King’s cancer diagnosis has prompted much press speculation about the prospect of Prince William taking on additional responsibilities during his father’s illness and, possibly, a Regency. Robert Hazell answers some of the most pressing questions about what might happen next.

The announcement from the Palace that the King has cancer prompted a flurry of media requests to the Constitution Unit about what might happen next, constitutionally speaking. What follows are answers to some of the most important constitutional questions raised by the news of the King’s cancer diagnosis, such as, how many Counsellors of State are there? (Spoiler: the Palace don’t seem to know), how is a Regency declared, how might Prince Harry become Regent, and when did we last have a Regency?

What does the announcement mean in practice?

The King will continue to fulfil his essential constitutional functions like granting royal assent to laws, appointing ministers and other senior officials, and holding his weekly audience with the Prime Minister. His absence from public appearances will mean more royal visits being undertaken by other senior royals: Princess Anne, Queen Camilla, Prince William, Prince Edward and his wife Sophie.

We are a long way from triggering the provisions of the Regency Acts. These provide for other royals to act on behalf of the monarch in the event of his incapacity, or absence abroad. In the event of temporary incapacity, two or more Counsellors of State are appointed on a short term basis; whereas permanent incapacity leads to the appointment of a Regent.

Continue reading →

The Counsellors of State Bill: an elegant solution, but a temporary one

Posted on by

The House of Lords yesterday debated the merits of the Counsellors of State Bill, which seeks to add Princess Anne and Prince Edward to the list of people that can act when the monarch is unable to do so. As Craig Prescott explains, this is a neat solution, but a temporary one.

The start of a new reign inevitably brings change to the monarchy. One specific change is that the monarch will once again travel overseas, including visits to some of the 14 other countries that also have a new head of state.

But what about the monarch’s constitutional and legal role while they are away? This role includes the granting of royal assent to legislation, appointment of ministers, ratification of treaties, and appointment of judges and diplomats. Many of these functions require the personal signature of the monarch (the royal sign manual), or in the case of holding Privy Council meetings and the state opening of parliament, their personal participation. This reflects how the monarch, as head of state, remains a central part of the UK’s constitutional arrangements. It is pivotal to the machinery of government that the royal authority is always available to grant the final, formal legal approval to wide range of decisions made by government and parliament.

The necessary continuity is provided by the Regency Act 1937, supplemented by the Regency Acts 1943 and 1953. If the monarch is overseas, or is unwell and unable to conduct their duties, Counsellors of State can be appointed to exercise the royal functions. During the reign of Elizabeth II, Counsellors of State were appointed over 100 times, facilitating the Queen’s extensive overseas travel and establishing her position on the international stage.

The Regency Acts provide that the Counsellors of State are the spouse of the monarch and the first four in the line of succession, of full age, domiciled in the UK. For the heir apparent or heir presumptive, the Regency Act 1943 allowed for then Princess Elizabeth to become a Counsellor of State when she became 18, otherwise ‘full age’ for these purposes is 21. The 1943 Act also allowed for any potential Counsellor of State to be excluded if they are overseas during the period of appointment. This provision was introduced so that Prince Henry, the Duke of Gloucester, would be excepted while Governor-General of Australia to prevent any potential conflict between that role and his position as a Counsellor of State.

Continue reading →

The accession and coronation of King Charles III

Posted on by

Before the accession of King Charles III, the Unit published two reports related to the accession of the new King: one on the accession and coronation oaths, and another on the coronation ceremony. Today the Unit has published revised versions of these reports. In this post, co-authors Robert Hazell and Bob Morris outline the reports’ conclusions and discuss how the coming coronation will be on a much smaller scale than the previous one, in a UK that is radically different from the Britain of 1953.

Five years ago we conducted a study of the accession and coronation oaths. These are three religious oaths which the new monarch is required by law to take at or soon after his accession. King Charles has already taken one, the Scottish oath, at the inaugural meeting of his Privy Council. He swore to uphold the Presbyterian church in Scotland in the following words:

I, Charles the Third by the Grace of God of the United Kingdom of Great Britain and of Northern Ireland, and of My other Realms and Territories, King, Defender of the Faith, do faithfully promise and swear that I shall inviolably maintain and preserve the Settlement of the True Protestant Religion as established by the laws of Scotland in prosecution of the Claim of Right and particularly an Act intituled an ‘Act for Securing the Protestant Religion and Presbyterian Church Government’ and by the Acts passed in both Kingdoms for the Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights and Privileges of the Church of Scotland: so help me God.

At his first state opening of parliament King Charles will take a second oath, under the Accession Declaration Act, to be a faithful Protestant; and at his coronation he will swear to uphold the rights and privileges of the Church of England. All three oaths are a hangover from an earlier age. Legally speaking none of the oaths are necessary. The Church of Scotland Act 1921 gave full parliamentary recognition to the Church’s status as a national church. The European Convention on Human Rights and the Human Rights Act 1998 contain strong guarantees of religious freedom. Nor can it be said that the oaths have any effect. Now that the sovereign has long ceased to be head of the executive, it seems odd that the King should be asked to swear to something which he has no power to enforce.

Continue reading →

Demise of the Crown: what happens next?

Posted on by

Queen Elizabeth II sadly died yesterday, bringing to a close the longest reign in British history. Robert Hazell and Bob Morris offer a brief guide to what happens next, as King Charles III prepares for both the funeral of his predecessor and his own coronation. They also explore how the new king will have to adapt to his changed constitutional status.

At the age of 96 and after a record-breaking reign of 70 years, Queen Elizabeth II has died. A life of service to which she committed herself as a young woman has ended:

I declare before you all that my whole life whether it be long or short shall be devoted to your service and the service of our great imperial family to which we all belong.

But I shall not have strength to carry out this resolution alone unless you join in it with me, as I now invite you to do: I know that your support will be unfailingly given. God help me to make good my vow, and God bless all of you who are willing to share in it.

[Concluding words of a speech from South Africa on her 21st birthday, 21 April 1947.] 

As we mark this anniversary, it gives me pleasure to renew to you the pledge I gave in 1947 that my life will always be devoted to your service.

[Accession Day 70th anniversary statement, 5 February 2022.]

There will be great public mourning for a woman who has been at the centre of the UK’s public life for so long, and many heartfelt tributes. It is not only for her longevity that she will be remembered, but also for her impeccable devotion to her public duties. In this post we explain what happens next, in terms of the accession of the new monarch, and plans for his coronation.  

Demise

Demise is the technical term which relates both to the death of a sovereign and the passage of the crown to the heir. It embodies the old common law maxim ‘Rex nunquam moritur’, that is to say that the sovereign may die, but the crown never does: the heir’s succession is immediate on the death or abdication of a predecessor, so as to preserve the continuity of government. Thus, Charles is already King.

Continue reading →